[Congressional Record Volume 143, Number 68 (Wednesday, May 21, 1997)]
[Senate]
[Pages S4914-S4915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        GOOD SAMARITAN EXEMPTION

 Ms. SNOWE. Mr. President, I am pleased to report that we have 
made progress in our efforts to protect Atlantic large whales. As you 
may recall, on May 8th of this year, several of my colleagues joined 
with me in introducing the ``Good Samaritan Exemption'' to the Marine 
Mammal Protection Act. The Good Samaritan Exemption provides that the 
disentanglement of a marine mammal from fishing gear does not violate 
the ``take'' provisions of the MMPA. We were able to have the exemption 
accepted as an amendment to S. 672, and, due to the broad support for 
this noncontroversial amendment, I am hopeful that it will be included 
in the conference report.
  However, during the drafting of the amendment a concern emerged that 
this exemption alone would not provide full protection for citizens 
involved in whale disentanglement efforts. On May 20th, I was notified 
by the administration that the necessary steps will be taken to ensure 
that fishermen and others who act as Good Samaritans

[[Page S4915]]

will not be subject to prosecution under the nation's environmental 
statutes. I would ask to have printed in the Record a letter from Dr. 
D. James Baker, Under Secretary for Oceans and Atmospheres, which 
addresses this issue.
  I am pleased that the administration was able to provide this 
assurance so that fishermen acting as Good Samaritans will not be 
treated unfairly by our laws. With this commitment from the 
administration, whale disentanglement efforts will be able to expand, 
improving the welfare and survival of these marine mammal populations.
  The letter follows:
         U.S. Department of Commerce,


                The Under Secretary for Oceans and Atmosphere,

                                     Washington, DC, May 20, 1997.
     Hon. Olympia J. Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senator Snowe: I am aware of the recent proposals to 
     amend the Marine Mammal Protection Act (MMPA) with a so-
     called ``Good Samaritan'' exemption, to allow the taking of a 
     marine mammal if the taking is necessary to avoid injury or 
     death to an animal entangled in fishing gear or debris.
       I am also aware that such a taking could be a violation of 
     the Endangered Species Act (ESA), if the animal is listed as 
     endangered or threatened under that statute. The National 
     Oceanic and Atmospheric Administration (NOAA) believes that 
     Section 10(a)(1)(A) of the Endangered Species Act authorizes 
     the Secretary to permit the taking of an endangered marine 
     mammal in accordance with the conditions contained in the 
     Snowe-Kerry ``Good Samaritan'' amendment. I am writing to you 
     to express the commitment of NOAA to take the most 
     appropriate administrative action under Section 10(a)(1)(A) 
     of the ESA, to allow a ``Good Samaritan'' taking of an 
     entangled marine mammal in the circumstances specified in the 
     proposed MMPA amendment, specifically with regard to large 
     whales.
       Thank you for your efforts to rationalize interactions 
     between the fishing industry and marine mammals.
           Sincerely,
     D. James Baker.

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